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2025 DAILYLAW 190099 (ALL)

PAWAN MISHRA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

BAIL/13165/2024 · 2025-11-18

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 13165 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. None has appeared for the informant. 2. This is the second bail application on behalf of the applicant who seeks enlargement on bail in FIR No.166 of 2022, under Section 376 IPC & Section 3/4 of POCSO Act, P.S. Pali, District Hardoi. The first bail application was rejected on 06.08.2024 wherein directions were issued for recording of the statement of other witnesses preferably within a period of three months. 3. While arguing the present second bail application learned counsel for the applicant argues that the two formal witnesses have not yet been examined and the applicant continued to languish in custody since 06.05.2022 having no criminal antecedents. My attention is also draws to the statement of the victim recorded during trial wherein she stated that she did not know the applicant. 4. Learned AGA has opposed the bail application. 5. Considering the fact that all the fact witnesses have been recorded and the applicant has suffered pre-trial detention of almost 3 & 1/2 years and has no Versus Counsel for Applicant(s) : Sarvesh Kumar Shukla, Smriti Counsel for Opposite Party(s) : G.A. Pawan Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s) criminal antecedents, on the ground of substantial pre-trial detention suffered by the applicant, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Pawan Mishra be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. November 18, 2025 nishant BAIL No. 13165 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench